(Bloomberg) -- The judge overseeing billionaire Robert Brockman’s tax-evasion case, the largest against an individual in US history, tentatively set his trial date for Feb. 23, 2023. 

Brockman, 81, is suffering from dementia and undergoing home hospice care, according to his lawyers. He appeared slack-jawed and in bed during a court hearing held by video on Tuesday, the first proceeding in the case since US District Judge George C. Hanks Jr. ruled May 24 that he was competent to stand trial in Houston. 

The judge had previously rejected claims that Brockman, a software entrepreneur and the former chief executive officer of Reynolds & Reynolds, is unable to aid in his defense. But on Tuesday, Hanks suggested Brockman could renew his incompetency claim. Hanks asked about his current condition. 

“He’s not doing well,” Brockman attorney Jason Varnado said. “He goes between a wheelchair and his bed, and he’s largely bedridden. It’s very difficult to communicate with Mr. Brockman. He’s in very poor shape, physically and mentally.”

Hanks said: “If there’s anything that comes up between now and February, please keep me in the loop.” 

The judge said he would likely sign an order later this week setting the trial date, subject to filings by the lawyers on the submission of expert reports in the case.

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